HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9157 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 3. The present bail application has been filed by accused-applicant seeking bail in Case Crime No.115 of 2025, under Sections 303(2), 317(2), 317(4), 3(5) of BNS and Sections 66-C, 66-D of the I.T. Act, P.S. Baba Bazar, District Ayodhya. 4. In the prosecution case it is alleged that mobile of the complainant has been theft on 23.06.2025 and by using password Rs.58,000/- was fraudulently transferred from the complainant's bank account through online mode. 5. Learned counsel for applicant submits that the police arrested five persons, including the applicant in connection with the F.I.R No. 324 of 2025 lodged in Police Station Kotwali Nagar, District Ayodhya on 29.06.2025 under Sections 310(4), 310(5) B.N.S and 3/25 of Arms Act, stated that on the basis of information received from a mukhbir that the accused persons were planning to commit dacoity in a house. They were apprehended. He further submits that Rs.1,22,500/- as well as two mobiles have been shown to be recovered from the applicant. Simultaneously, recoveries were made from the other arrested persons and the accused persons confessed their involvement in commission of the present offence. 6. Learned counsel for applicant submits that applicant is innocent. Applicant has no criminal history. From this arrest, seven cases have been Versus Counsel for Applicant(s) : Shyamendra Singh, Shiv Om, Tej Singh Counsel for Opposite Party(s) : G.A. Rahul Mandal .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) slept on the applicant. He submits that the applicant is in jail since 28.06.2025. 7. Learned A.G.A. has opposed the bail prayer and has submitted that Rs.1,22,500/- as well as two mobiles have been recovered from the applicant. 8. On due consideration to the submissions advanced, perusal of the record as also the fact that the applicant is languishing in jail since 28.06.2025, except the confessional statement of the accused persons and the recovery prima facie there appears to be no material has been found against the applicant, there is no independent witness to the incident and without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail. 9. Accordingly, the bail application is allowed. 10. Let the applicant Rahul Mandal be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions: (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Panel Code (now Section 269 of BNS). (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the BAIL No. 9157 of 2025 2 date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Panel Code (now Section 209 BNS). September 25, 2025 Saurabh Yadav/- BAIL No. 9157 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench